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Insurance : Truck Accident – Bobtail Policy – Coverage
Stephanie Maniscalco//September 3, 2014//
Where a district court found in a fatal trucking accident case that a bobtail policy provided $1 million in coverage, the court did not abuse its discretion in declining to apply the doctrine of judicial estoppel to preclude the plaintiff from pursuing coverage, and the judgment is affirmed because the court properly found that the insurer did not meet its burden to show that the truck driver was working for a commercial hauler at the time of the accident, and the court also did not err in construing the ambiguous policy against the insurer to find $1 million in coverage.
Judgment is affirmed.
Occidental Fire & Casualty Company v. Soczynski (MLW No. 66912/Case No. 13-2679 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Appealed from U.S. District Court, District of Minnesota, Tunheim, J. (William Lawrence Davidson, Minneapolis, argued for appellant; Brian Alan Wood appeared on the brief) (Wilbur W. Fluegel, Minneapolis, argued for appellee; Thomas J. Laughlin appeared on the brief).
Read the full text of this opinion. (PDF)
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